Legal Opinion

Gattis v. Kilgo.

Supreme Court of North Carolina

Decided November 22, 1905PublishedCited by 20 opinions

ActioN by Tbos. J. Gattis against J. C. Kilgo and B. N. Duke, beard by Judge Fred Moore and a jury, at the June Special Term, 1905, of the Superior Court of Wake. From a judgment of nonsuit, the plaintiff appealed.

1Per curiam

The court is of the opinion that the investigation of the charges against defendant Kilgo before the board of trustees of Trinity College was not absolutely, but qualifiedly privileged, and so was the publication of the proceedings in the pamphlet, known in the case as the “Blue Book,” which was intended for circulation among the patrons of the college and among those likely to become its patrons. Any statement or communication is conditionally privileged when made tona fide about something in which (1) the speaker has an interest or duty; (2) the hearer has a corresponding interest or duty;…

2Cited by20 opinions

  1. Janie McGhee v. Daniel D. Draper, Superintendent, Daniel D. Draper, Leroy Chamberlain, Dale Brown, Edward Billups, J. W. Puckett, and Floyd E. MottCourt of Appeals for the Tenth Circuit · 1977
  2. Ponder v. CobbSupreme Court of North Carolina · 1962
  3. Warren v. Pulitzer Publishing Co.Supreme Court of Missouri · 1934
  4. Smith v. McDonaldDistrict Court, M.D. North Carolina · 1983
  5. Hartsfield v. Harvey C. Hines Co.Supreme Court of North Carolina · 1931

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